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 William Webster, Robert Weatherley


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Criminal Law: Sentencing, Procedure and Key Offences


ISBN13: 9781526536822
To be Published: February 2027
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: £195.00





Providing comprehensive coverage of criminal law practice and procedure, this practical, court-focused guide assists practitioners in navigating the most common criminal law areas encountered in Irish courts. Rather than focussing on either substantive law or procedural law in isolation, it bridges the gap by integrating procedural law, sentencing trends, and common offences into a single-volume, reliable source.

Written by experienced criminal law barristers, the book offers, inter alia:

  • Incorporation of statutory and common law principles into analysis of procedural developments and judicial decisions
  • Coverage of common offences in the District and Circuit Courts, with practical strategies for prosecution and defence
  • An up-to-date review of sentencing, including recent Court of Appeal judgments and emerging trends
  • Case law analysis, flowcharts, trends, and checklists to aid quick reference in court

From theft, road traffic offences and cybercrime, to forensics and mental health and criminal responsibility, the book provides an authoritative, structured, and accessible reference covering the key aspects of criminal law that arise daily in the courts. Practical guidance is integrated throughout, offering tactical advice for practitioners handling criminal cases.

Subjects:
Irish Law
Contents:
Part I - Criminal Procedure in the District and Circuit Courts
Chapter 1: Initiating Criminal Proceedings
Arrest, charge, and summons.
Role of the Gardai and DPP.
First appearance in court & bail applications (including suggested structure(s))
Disclosure obligations & Case management.
Warrants / Quirke 2

Chapter 2: Trial Process and Evidence
Burden and standard of proof.
Rules of evidence: admissibility of statements, hearsay, and digital evidence.
Special rules for vulnerable witnesses and juvenile defendants.

Chapter 3: Sentencing Law in Ireland
Principles of sentencing: aggravating & mitigating factors.
Use of the Judicial Council Sentencing Guidelines (emerging trends).
Sentencing trends for various offences.

Part II - Common Criminal Offences in Practice

Chapter 4: Public Order and Minor Assaults
Public Order Act offences.
Assault under Non-Fatal Offences Against the Person Act 1997.
Defences and sentencing considerations.

Chapter 5: Theft, Fraud, and White-Collar Crime
Theft and Fraud Offences Act 2001: Deception, forgery, identity fraud.
Corporate and white-collar crime developments.
Prosecution & Defence strategies.

Chapter 6: Drug Offences in the Irish Courts
Misuse of Drugs Act 1977: Possession, intent to supply, and defences.
Recent case law on sentencing and rehabilitation programs.

Chapter 7: Road Traffic and Drink-Driving Offences
Overview of Road Traffic Acts and Offences.
Mandatory alcohol testing & legal challenges.
Disqualification and appeal strategies.

Chapter 8: Sexual Offences & Emerging Issues
Criminal Law (Sexual Offences) Act 2017 - updated consent laws.
Procedure for trials involving sexual offences (cross-examination restrictions, complainant
protections).
Sentencing trends and impact on victims.

Part III - Emerging Areas and Practitioner Strategies

Chapter 9: Cybercrime and Digital Evidence
Handling electronic evidence in criminal trials.
Cyberstalking, online harassment, and hacking offences.

Chapter 10: White-Collar and Corporate Crime Trends
Prosecutions under the Criminal Justice (Corruption Offences) Act 2018.
Deferred prosecution agreements and money laundering regulations.

Chapter 11: Covert Policing, Surveillance, and Informants
Rules on undercover policing and admissibility of surveillance evidence.
The use of informants in criminal cases and Article 8 ECHR challenges.

Chapter 12: Restorative Justice and Alternative Sentencing
Non-custodial sentencing options (community service, rehabilitation).
How restorative justice applies in juvenile cases and minor offences.

Chapter 13: The Role of Forensic Evidence in Criminal Trials
DNA evidence and its admissibility.
Fingerprints, ballistic evidence, and forensic pathology.
Challenges in cross-examining forensic experts.

Chapter 14: Appeals and Post-Conviction Remedies
The appeals process in the District, Circuit, and Court of Appeal.
Judicial review of criminal convictions.
Sentencing appeals and recent case law.

Chapter 15: Mental Health and Criminal Responsibility
Fitness to plead and insanity defences under the Criminal Law (Insanity) Act 2006.
Diminished responsibility in homicide cases.
Treatment of mentally ill offenders under Irish law.

Chapter 16: Victims' Rights and Legal Representation
Victim impact statements and their influence on sentencing.
Legal representation for victims of sexual offences.
The role of EU Directives on victims' rights in Irish law.

Chapter 17: International and EU Influences on Irish Criminal Law
The impact of European Court of Human Rights (ECHR) decisions on Irish criminal justice.
EU cross-border policing measures (e.g., Europol, Eurojust).
Extradition and the European Arrest Warrant (EAW).

Chapter 18: Emerging Criminal Justice Trends
AI and big data in policing and sentencing.
Criminal liability for corporate manslaughter and regulatory breaches.
Future legislative changes in Irish criminal law